WHEREAS, the Town Board, as the legislative body of the Town of North Hempstead, is empowered to enact local laws pursuant to the provisions of Article 9 of the New York State Constitution, the Town Law, and the Municipal Home Rule Law; and
WHEREAS, a proposed Local Law has been prepared, pursuant to enabling legislation, to amend Chapter 18 of the Town Code entitled “Excavations, Highway” to prohibit road openings in Town roads that have been repaved within the preceding three (3) years or constructed within the preceding five (5) years, subject to certain exceptions; and
WHEREAS, the proposed Local Law, in final form, has been on the desks or tables of all the members of the Town Board for seven calendar days, exclusive of Sunday; and
WHEREAS, due notice has been heretofore given of a public hearing to be held on the 18th day of December, 2018, concerning the adoption of the proposed Local Law, which Local Law was available for viewing by the public on the Town’s website and during regular business hours in the Office of the Town Clerk; and
WHEREAS, the Town Board has carefully considered the proposed Local Law during the seven-day period, conducted a public hearing on December 18, 2018, with respect to the Local Law, and has afforded all interested persons an opportunity to be heard at the public hearing; and
WHEREAS, this Board deems it in the public interest to adopt the proposed Local Law, to be effective immediately upon filing with the Secretary of State of the State of New York (the “Secretary of State”).
NOW, THEREFORE, BE IT
RESOLVED that Local Law No. 13 of 2018 be and it hereby is adopted, which Local Law reads as follows:
TOWN OF NORTH HEMPSTEAD
LOCAL LAW NO. 13 OF 2018
A LOCAL LAW AMENDING CHAPTER 18 OF THE TOWN CODE
ENTITLED “EXCAVATIONS, HIGHWAY”
BE IT ENACTED by the Town Board of the Town of North Hempstead, as follows:
Section 1. Legislative Intent.
The Board finds that roads recently re-paved or newly constructed are being opened for various purposes, shortening the useful life of the roads and creating additional expenses on the part of the Town. The Board also finds that the provisions of Chapter 18 of the Town Code, prohibiting the issuance of road opening permit for roads that have been repaved within the past year, are inadequate to prevent this problem. Therefore, the Board finds it in the best interest of the Town of North Hempstead and its residents to make amendments to Chapter 18 of the Code of the Town of North Hempstead entitled “Excavations, Highway” to prohibit the issuance of road opening permits on roads that have been repaved within the previous three (3) years or constructed or reconstructed within the past five (5) years, subject to certain exceptions.
Section 18-2 of Chapter 18 of the Town Code is hereby amended to read as follows:
§ 18-2 Permit.
[Amended 1-29-1957; 6-27-2000 by L.L. No. 9-2000]
A. Upon application in writing filed with the Superintendent of Highways, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a street or highway in the town, the Town Superintendent of Highways may grant or refuse a permit therefor.
B. If the application for a permit is denied, the Highway Superintendent shall send the applicant written notification of the denial and shall state the reason for denial.
C. Except where such excavation or disturbance shall be directly authorized by law, the Superintendent of Highways shall require the applicant to deposit with the Superintendent of Highways a sum of money or bond in a sum set by resolution of the Town Board, or which shall otherwise be deemed by him to be adequate to pay all of the expenses to which the town will be put to replace the street, highways or sidewalk, pavement, curb or gutter in proper condition, and the unexpended balance, if any, shall be refunded to the depositor. The depositor's unexpended balance shall be returned by the town 90 days after the excavation or other disturbance has been repaired to the satisfaction of the Superintendent of Highways, regardless of whether the permittee or the town completes the restoration.
D. Each applicant must file an insurance policy or certificate with the Superintendent of Highways insuring the Town of North Hempstead in the sum of not less than $1,000,000 combined single limit.
E. No permit shall be issued for an opening on any roadway which has been resurfaced by the Town of North Hempstead during a period of [
one]three calendar years previous to the application date, except for permits for emergency openings as defined in § 18-14.1 below. In the case of a newly constructed or reconstructed roadway, the time period shall be [ two]five years. The prohibitions stated in this subsection E shall not apply to applications to install new gas connections to residential properties.
F. Any permit issued under this chapter may be revoked at any time by the Highway Superintendent.
G. Permits shall become null and void unless work is commenced within 30 days of the issuance of said permit, unless an extension of time is granted by the Highway Superintendent in writing.
H. The applicant shall give a forty-eight-hour notice to the Highway Superintendent or his duly authorized representative, prior to making any road openings, except in cases of emergency as provided for herein. No openings shall be commenced on a Saturday, Sunday or a holiday unless in cases of emergency.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person or circumstance directly involved in the controversy in which such judgment or order shall be rendered.
This Local Law shall take effect upon filing with the Secretary of State.
RESOLVED that the Town Clerk be and hereby is authorized and directed, in the manner required by law, to file a copy of the Local Law with the Secretary of State, and to publish a notice of adoption of the Local Law, which notice shall be in substantially the following form:
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that pursuant to the provisions of Article 9 of the New York State Constitution, the Municipal Home Rule Law, and the Town Law, at a meeting of the Town Board duly held on December 18, 2018 at Town Hall, 220 Plandome Road, Manhasset, New York, Local Law No. 13 of 2018 was adopted. The local law amends Chapter 18 of the Town Code entitled “Excavations, Highway” to prohibit road openings in Town roads that have been repaved within the preceding three (3) years or constructed within the preceding five (5) years, subject to certain exceptions.
Dated: Manhasset, New York
December 18, 2018
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF NORTH HEMPSTEAD
WAYNE H. WINK, JR.
Dated: Manhasset, New York
December 18, 2018
The vote on the foregoing resolution was recorded as follows:
Ayes: Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth
cc: Town Attorney